In our July 6 article, we posited that the new reality created by the COVID-19 pandemic presented a fresh set of challenges to litigants and questioned the extent to which the solutions to those challenges could become the new status quo. Since then, litigators and courts nationwide have continued to grapple with the complexities of virtual trials, socially distanced courtrooms, the sufficiency of virtually delivered testimony, the reality of distracted jurors, and the ability of trial attorneys to connect with their audiences through Plexiglas, masks and Zoom fatigue.

Some courts have yet to resume any jury trials, and are instead offering virtual bench trials or encouraging mediation. Other courts have resumed in-person jury trials on a limited basis with new safety measures in place, including mask requirements, Plexiglas dividers, online health surveys and in-person temperature screenings. At least one court is even prepaying juror parking in a nearby parking lot so jurors can avoid using public transit and increasing their exposure to COVID-19.